questions further fueling gop accusations of stone walling. is the fbi hiding key documents and tape recordings on the multi-million dollar scheme. we will ask john kennedy coming up, senate judiciary member. john: first awaiting a decision in the daniel penny case, as a grand jury could vote as early as today on whether to indict him in the death of jordan neely. hello, john roberts in washington. we made it to the middle of the week. sandra: sandra smith in new york. this is america reports. grand jury set to consider a couple of things, including whether neely posed a threat to the safety of other passengers on the train and if penny used excessive force to subdue neely during the may 1st incident on the subway train. john: we have complete conversation, joe borelli will join us in a moment. sandra: bryan, what exactly is happening today, what are we waiting on? sandra, good to be with you. from what we have learned, the vote by this grand jury could still very
laptop which might suggest joe biden was actually profiting. live at national park ahead of today s congressional baseball game. play in a big league ballpark. that s something that never gets old. put me in coach i m ready to to play today put me in coach i m ready to play the game. ainsley: 7:05 the congressional baseball game will take place on fox sports 2 also stream on fox nation if you want to watch. brian: slow arriving crowd. steve: 7:05 p.m. brian: isn t traffic terrible in washington, d.c.? what are they waiting for? [laughter] steve: we have somebody who is actually near the stadium. she is posted at a fantastic van daniel point across the street on the top of the hotel. last time i went to the game i stayed in that hotel. carley shimkus joins us right now. carley, the view from that hotel is fantastic. carley: isn t it amazing? look at this. this is national park right behind me. it s been so wonderful being here all morning long. and this
leader and as bryan was mentioning, daniel penny did not appear before the grand jury, his attorney did put out some clips in an interview he did which he explained his side of the story. play one of those for you now. three main threats he repeated over and over was i m going to kill you, i m prepared to go to jail for life, and i m willing to die. we were all scared. mr. neely was yelling in these passengers faces and he looked terrified. john: a case that comes to mind, the bodega worker who was charged with murder after killing somebody who had attacked him and only when the video came to light bragg dropped the charges. do you believe as more evidence comes as witnesses described the events leading up to the moment he put him in the restraining hold that penny might be cleared of this? i sure hope so. you brought up jose alba, and if
the real training that they need to prevent things like uvalde and what we just saw in that video from happening. brian: other thing, too a lot of times enjoyable. it s not drudgery. once you start with jujitsu i know people just don t want to stop let alone being demanded to take it the other thing is without qualified immunity that s gone in new york. separate a guy s shoulder, you hurt them. you get them in a restraining hold, they say it s a chokehold. next thing you know you are being sued. you are not making a ton of money. that s the scenario that hurts officers when they have to put their hands on somebody. correct? yeah, you are absolutely right. it s ignorance about those policies that are being put into place. brian: of course. what city council member has actually been in a fight or been down on the street trying to deal with these criminals, these drug addicts and then you are taking all the tools to allow police to be successful. but then you are not punishing the
comply. he resisted. that resisted escalated into a position where the officers affected a restraining hold that turneded into a choke hold if you will or whatever they want to call it and this man died while he was resisting arrest. it s unfortunate. it happens. the other thing that jeff talked about was the legalality of a choke hold. it s against new york city department policy but it s not illegal. the new york city police department will have to deal with that in another arena outside of the grand jury. okay. commissioner kerik, stay with me on the phone. we need to get a quick break in. we re following breaking news that the grand jury did not indict the police officer in the wake of the death of eric garner back in july. stay with me. we ll be right back. here s some news you may find surprising.